(1) Daming Law. Daming Law was compiled by Zhu Yuanzhang in the early years of the founding of the People's Republic of China, completed and promulgated in Hongwu for 30 years, with a total of 7 articles, 30 volumes and 460 articles. It changed the traditional criminal law style, and added seven chapters: example, official, household, ceremony, soldier, punishment and work to meet the needs of strengthening centralization. Daming Law occupies an important position in the history of legal system. Its legal text is simpler than the Tang law and its spirit is stricter than the Song law. It has become a feudal law that will not change throughout the Ming Dynasty.
(2) Ming Dazhao. When Zhu Yuanzhang revised the Daming Law, in order to prevent "extra-legal traitors", he also ordered four editions of the Law on Big Officials from the 18th year of Hongwu (A.D. 1385) to the 20th year of Hongwu (A.D. 1387), with a total of 236 articles, similar to the Daming Law. Mingda Gao embodies Zhu Yuanzhang's thought of "ruling the world with heavy code" Imperial edict is a special criminal law in the early Ming Dynasty. The name "Fu Ma" comes from the Confucian classic "Fu Ma Shang Shu", which was originally an admonition to the subjects when the Duke of Zhou conquered the adherents of Yin in the East. Ming Taizu compiled the cases he personally tried into a book, together with the "punishment" caused by the case, and promulgated it as a special law to punish his subjects. For the original crime in law, Dagong generally increased the punishment. Another feature of Da 'an is the abuse of extra-judicial punishment, and "severe punishment for officials" is another feature of Da 'an. After Ming Taizu's death, Daan was shelved and had no legal effect.
2. Compilation of laws and regulations in Qing Dynasty
(1) The Great Qing Law was enacted in the first year of Qianlong. The structure, form, style and content of the Great Qing Law are basically the same as that of the Great Ming Law. * * * is divided into seven chapters, namely, official law, family law, etiquette law, art of war and construction law, among which there are 436 laws. The legal texts in the Qianlong period were basically stereotyped and rarely revised, and the subsequent dynasties were just "by-laws" after constantly supplementing and revising the legal texts. Laws of the Qing Dynasty is the last written feudal code in the history of China. The Laws of the Qing Dynasty, based on the Daming Law, is the epitome of China's traditional feudal code.
(2) The case of Qing Dynasty. The most important legal form in Qing Dynasty is an example. Example is a general term, which can be divided into laws, regulations, cases, decrees and other names.
Generally speaking, regulations refer to separate criminal laws and regulations, which are mostly compiled into "Laws of the Qing Dynasty" and attached to a unified article.
It is stipulated that the Ministry of Punishment or other administrative departments should first put forward legislative suggestions on some similar cases, which will become an example after being approved by the emperor to guide the trial and judgment of similar cases. Then, after five years of minor repairs and ten years of major repairs, it was compiled into the Laws of the Qing Dynasty by the Law Museum, or a specific criminal law was compiled separately.
An example is a collection of separate laws and regulations about an administrative department or a special matter. It is the basic rule of the responsibilities and procedures of government departments. "Prescription", as one of the important legal forms in Qing Dynasty, plays an important role in national administration.
Examples refer to "imperial edicts" issued by the emperor about something or suggestions made by government departments approved by the emperor. Cases generally do not automatically produce permanent and universal effects, but they can be used as guiding principles to deal with this matter.
Regulations, also known as "regulations", refer to cases that have been compiled and edited, and are a separate law. Laws and regulations are a general term, including regulations and separate administrative regulations.
3. Ming and Qing etiquette
(1) daminghui branch. It was compiled in Ming Yingzong and was first compiled in the fifteenth year of Hongzhi in Xiao Zhong, but it was not promulgated. Supplement to School Journals of Wuzong, Sejong and Zongshen Dynasties. "Da Ming Hui Dian" basically imitates the six Dian in Tang Dynasty, takes the six official systems as the key link, and describes the responsibilities and examples of various administrative organs. Under every official position, laws and regulations come first, and role models come second. Therefore, as far as its content, nature and function are concerned, the Code of Daming Club is still an administrative code, which plays a role in adjusting the administrative and legal relations of the country.
(2) Qing Hui Dian and Qing Administrative Law. In order to standardize the organization and activities of state organs, strengthen administrative management, and improve the ruling efficiency of officials, since the Kangxi Dynasty, the Qing court has compiled the Hall of Qinghui, which records the responsibilities, examples, activity rules and related systems of major state organs in various dynasties. There are five codes of Kangxi, Yongzheng, Qianlong, Jiaqing and Guangxu, which are collectively called "Five Dynasties Code" and "Qing Dynasty Code".
Since the compilation of Ganlong Hui Dian in the twenty-seventh year of Qianlong, the compilation of Qing Hui Dian has always followed the principle of "taking Dian as the key link and taking examples as the purpose", and the compilation of Dian Dian has become a fixed style.
Generally, it is the basic system of the country, and there are few changes. The specific amendments were completed in the Regulations.